Court restrains Obaseki from stopping unvaccinated citizens access to public gathering

A Federal High Court in Port Harcourt, Rivers State, has granted an order restraining Edo Governor Godwin Obaseki and Edo State Government from enforcing a directive stopping unvaccinated residents from accessing churches, mosques, banks, event centres and other public places from the middle of September.

This comes as the Federal Government and some state governments, including Edo and Ondo, have either given directives or considering sanctioning eligible Nigerians who refuse COVID-19 vaccination.

Both Edo and Ondo states, had already announced restrictions regarding some public places that those who have not taken COVID-19 vaccines cannot have access to.

While arguing the motions in the suit with reference number: FHC/PH/FHR/266/2021 filed by Charles Osaretin, against the Edo State Governor and five others dated August 30, 2021, the applicant’s lead counsel, Echezona Etiaba, urged the court to order parties to maintain status quo, pending the hearing and determination of the motion on notice, for the enforcement of the applicant’s fundamental human rights and for the leave of court to serve the respondents by publishing the court’s processes in a national daily newspaper circulating in Nigeria.

The orders, as prayed, were granted by the Vacation Judge at the FHC, Port Harcourt, Justice Stephen Dalyop Pam.

The court subsequently adjourned till September 10, 2021 for a hearing of the substantive motion.

Obaseki had ordered that: “From the second week of September 2021, large gatherings will only be accessed by those who have at least taken one dose/jab of the vaccine.

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“From the second week of September 2021, people will not be allowed into worship centres (churches and mosques), event centres, and receptions without showing proof of the vaccination cards.

“From the middle of September 2021, you can no longer access the banking services, if you have not been vaccinated.”

He also declared that the state government would push for vaccination to build immunity against COVID-19 while indicating the target was to vaccinate 60 per cent of our population in 2022.

Meanwhile, the Presidential Steering Committee and the Federal Ministry of Health have said they are exploring ways of making vaccines more available to all Nigerians including federal civil servants and corporate entities.

The Executive Director of the National Primary Healthcare Development Agency, Faisal Shuaib, gave the hint at a press briefing in Abuja on Tuesday.

“Once these vaccines are made equitably available to all Nigerians, then we would need to have a frank discussion about justice, fairness and liberty that exist around vaccine hesitancy.

“If some individuals refuse to take the vaccine, hence endangering those who have or those who could not due to medical exemptions, then we have to apply the basic rule of law which stipulates that your human right stops where mine begins.

“So, you have a right to refuse vaccines, but you do not have the right to endanger the health of others.”